The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. The instant crime is a condition for sentencing unfavorable to the Defendant, for the following reasons: (a) the Defendant received subsidies by unlawful means; (b) the Defendant arbitrarily embezzled the D money; and (c) the amount of the subsidies that the Defendant received by wrongful means; and (d) the amount of the illegal subsidies and the amount of the embezzled

On the other hand, the sentencing of the court below is too unreasonable in view of the records and all of the sentencing conditions of this case, including the defendant's age, character and conduct, family relation, motive leading to the crime, circumstance after the crime, etc., as a whole, that the defendant is led to confession as a primary offender and reflects the fact that the subsidies acquired by illegal means were returned or deposited, that the admitted persons D want to have the defendant's wife, that the victim S, T, andV agreed in the trial, that the above victims did not want to be punished, and that they did not want to be punished by the defendant.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as those stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(2) and (1), and 30 of the Criminal Act for the relevant criminal facts; Article 40 subparag. 1 of the Act on the Management of Subsidies; Article 30 of the Criminal Act; Article 97(1) of the Local Finance Act; Article 30 of the Criminal Act (a) of the Criminal Act; Article 30 (a) of the Criminal Act; Articles 356 and 355(1) of the Criminal Act; Article 347(1) of the Criminal Act for each criminal fact;

1. The Commercial Concurrent Crimes Act.